HAMPTON v. STATE

No. PD-0179-04.

165 S.W.3d 691 (2005)

Walter HAMPTON, Jr., Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

June 22, 2005.


Attorney(s) appearing for the Case

Shawna L. Reagin, Houston, for Appellant.

Bridget Holloway, Asst. District Atty., Houston, Matthew Paul, State's Atty., Austin, for State.


OPINION

PRICE, J., delivered the opinion for a unanimous Court.

The appellant was charged with aggravated sexual assault. At the end of the guilt phase of the trial, the trial court submitted within the jury charge a lesser-included offense instruction for sexual assault. The jury acquitted the appellant of aggravated sexual assault, but found him guilty of sexual assault. On prior review, we held that the submission of the lesser-included offense...

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